Sec. 413. Eligibility and individualized plan for employment
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Section 102(a) ( 29 U.S.C. 722(a) ) is amended— in paragraph (2)— in subparagraph (A)— in the subparagraph header, by striking and inserting Demonstration ; and Applicants by striking , unless and all that follows and inserting a period; and in subparagraph (B)— in the subparagraph header, by striking and inserting Methods ; Responsibilities in the first sentence— by striking In making the demonstration required under subparagraph (A), and inserting Prior to determining under this subsection that an applicant described in subparagraph
(A)is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services, ; and by striking , except under and all that follows and inserting a period; and in the second sentence, by striking individual or to determine and all that follows and inserting individual. In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated employment. ; in paragraph (3)(A)(ii), by striking outcome from and all that follows and inserting outcome, including supported employment, from vocational rehabilitation services due to the current (as of the date of the determination) severity of the disability of the individual. ; in paragraph (5)— in the matter preceding subparagraph (A)— by striking If an individual and inserting If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 7(2)(A)(ii), an individual ; and by striking is determined and all that follows through not to be and inserting is determined not to be ; by redesignating subparagraphs
(A)through
(D)as subparagraphs
(B)through (E), respectively; by inserting before subparagraph
(B)the following: the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on disability category; ; and in clause
(i)of subparagraph (C), as redesignated by subparagraph
(B)of this paragraph, by inserting after determination the following: , including clear and convincing evidence that forms the basis for the determination of ineligibility ; and in paragraph (6), by striking 60 days each place it appears and inserting 45 days . Section 102(b) ( 29 U.S.C. 722(b) )— in paragraph (1)— by redesignating subparagraphs (B), (C), and
(D)as subparagraphs (C), and (D), and (E), respectively; and by inserting after subparagraph
(A)the following: information on the availability of assistance from consumer organizations, as defined in section 106(a)(4) (including a listing of such organizations) that can assist an individual in the development of an individualized plan for employment; ; in paragraph (3), as redesignated by paragraph
(2)of this subsection— in subparagraph (E)— in clause (i), by striking and at the end; in clause (ii), by striking the period and inserting ; and ; and by adding at the end the following: amended, as necessary, to include the post-employment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ; and by adding at the end the following: The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed. In the event the individualized plan for employment is not completed by the deadline or extended deadline, as appropriate, under subparagraph (F), the eligible individual shall have the right to request both mediation and an impartial due process hearing according to the procedures described in subsection (c). At such hearing, the hearing officer shall have the authority to order the designated State unit to complete the individualized plan for employment within a specific period of time, not to exceed 60 days from the date of the decision, in addition to any other authority given to the officer under this section. ; and in paragraph (3)— in subparagraph (A), by striking choice of the and all that follows and inserting choice of the eligible individual, consistent with the employment outcome of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected employment outcome); ; in subparagraph (B)(i)— by redesignating subclause
(II)as subclause (III); and by striking subclause
(I)and inserting the following: needed to achieve the employment outcome, including, as appropriate— the provision of assistive technology devices and assistive technology services (including referrals described in section 103(a)(3) to the device reutilization programs and demonstrations described in subparagraphs
(B)and
(D)of section 4(e)(2) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003(e)(2) )) through agreements developed under section 101(a)(11)(H); and personal assistance services (including training in the management of such services); in the case of a plan for an eligible individual that is a student, the specific transition services and supports (including work experience, mentoring activities, and supported employment) needed to achieve the student's employment outcome or projected employment outcome; and ; in subparagraph (F), by striking and at the end; in subparagraph (G), by striking the period and inserting ; and ; and by adding at the end the following: for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ), a list of the services that are listed in the individual work plan that the individual developed with the employment network under subsection
(g)of that section, and a description of how responsibility for service delivery will be divided between the employment network and the designated State unit in accordance with the agreement between the two parties required under the Ticket to Work and Self-Sufficiency Program. . Section 102(c) ( 29 U.S.C. 722(c) ) is amended— in paragraph (1), by adding at the end the following: These procedures also shall allow for the review of any delay in the vocational rehabilitation process. ; in paragraph (2)— in subparagraph (A)— in clause (ii), by striking and at the end; in clause (iii), by striking the period and inserting ; and ; and by adding at the end the following: any applicable State limit on the time by which a request for mediation under paragraph
(4)or a hearing under paragraph
(5)shall be made, and any required procedure by which the request shall be made. ; and in subparagraph (B)(iii), by inserting the denial, before reduction, ; and in paragraph (5)— by striking subparagraph
(A)and inserting the following: A due process hearing described in paragraph
(2)shall be conducted by an impartial hearing officer who, on reviewing all the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions, consistent with the requirements specified in this title (including regulations implementing this title), regarding all aspects of the applicant's or eligible individual's vocational rehabilitation services under this title. ; and in subparagraph (B), by striking in laws (including regulations) and inserting about Federal and State laws (including regulations) and the approved State plan .
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- 42 USC 1320b–19
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Sec. 413
Eligibility and individualized plan for employment
Cite42 USC 1320b–19
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